Detailed Answer
Verifying whether a decedent had a valid will or other estate planning documents in Oregon requires systematic steps. You start by searching official records, then explore personal sources. Oregon law lays out how wills are deposited, proved, and admitted to probate.
1. Search Probate Court and Clerk Records
In Oregon, a will is not automatically public until it’s filed for probate. To check, contact the Probate Division of the county circuit court where the decedent lived. Request a search for any wills filed under the decedent’s name or estate number. Fees may apply. You can also ask the court clerk about wills deposited for safekeeping under ORS chapter 112 (Wills) (ORS 112.805–112.880). Deposited wills remain confidential until probate starts.
2. Review Self-Proved Wills
Oregon allows self-proved wills, which include notarized affidavits signed by the testator and witnesses (ORS 112.315). These wills often reside with the original drafter—typically an attorney. Ask any estate planning attorney who represented the decedent if they hold an original self-proved will.
3. Contact Attorneys and Fiduciaries
Estate planning lawyers often keep originals or certified copies of wills, trusts, powers of attorney, and advance directives. Contact attorneys the decedent consulted. Check for a letter of engagement or billing statements in the decedent’s files to identify law firms.
4. Examine Personal Records and Safe-Deposit Boxes
Search the decedent’s home for documents locked in safes, desk drawers, or filing cabinets. Look for bank statements that show safe-deposit box rentals. Approach financial institutions with a certified copy of the death certificate and letters testamentary to request access. Banks follow procedures under ORS chapter 113 (Probate Administration) (ORS 113.005–113.615).
5. Check Third-Party Registries and Services
While Oregon has no central will registry, private services exist where individuals can record their documents. If the decedent mentioned a registry service or membership, contact that service directly using relevant account information.
6. Initiate a Limited Probate Search
If you suspect no will exists, you can petition the court for administration without a will under ORS 113.205 (intestate succession). If a will surfaces later, you can submit it for probate within one year of the decedent’s death per ORS 113.115.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified probate attorney for guidance.
Helpful Hints
- Gather the decedent’s personal and financial records before contacting professionals.
- Bring certified copies of the death certificate and proof of your authority (e.g., letters testamentary).
- Keep a log of every request made to courts, attorneys, and banks, noting dates and staff names.
- Remember that original wills may reside with attorneys—don’t assume they’re only in the courthouse.
- Act promptly: Oregon limits will contests to one year after a will is probated (ORS 113.315).